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Upon receipt of the report of the engineer, if the Council shall determine to proceed with said improvement, it shall, by resolution, order the report prepared by the engineer filed with the Clerk-Treasurer. In addition, by said resolution, the Council shall tentatively determine to proceed with the public improvement, tentatively determine the necessity thereof and set forth the nature thereof, tentatively designate the limits of the special assessment district to be affected and describe the lands to be assessed, tentatively determine the part or proportion of the cost of the public improvement to be paid by the lands specially benefitted thereby and the part or proportion, if any, to be paid by the village at large for benefit to the village at large, shall direct the Assessor to make a special assessment roll of the part or proportion of the cost to be borne by the lands specially benefitted according to the benefits received and to report the same to the Council.
(1984 Code, § 1-05-060) (Ord. 41, passed 3-21-1974)
(A) When the said special assessment roll shall have been reported to the Council, it shall order the same filed in the office of the Clerk-Treasurer for public examination along with the report of the engineer required to be made pursuant to § 33.019, and shall fix a date, time, and place when the Council shall meet to finally determine the necessity of the improvement, composition of the district, and to review the roll and to hear complaints.
(B) The engineer’s report and the assessment roll shall be open to public inspection for a period of seven days before the hearing required by this section. The Clerk-Treasurer shall give notice of the hearing by the Council to determine necessity for the improvement, composition of the district and review of said special assessment roll and to hear complaints by publication at least once in a newspaper printed and circulated in the village at least ten days prior to the time of said meetings, and shall further cause notice of said meeting to be mailed by first-class mail to each property owner in the special assessment district as shown by the current assessment rolls of the village at least ten days prior to the time of said hearing, said notice to be mailed to the addresses shown on the current assessment rolls of the village. Such notice shall state that the plans, estimates of cost, and that special assessment rolls are on file with the Clerk-Treasurer.
(1984 Code, § 1-05-070) (Ord. 41, passed 3-21-1974)
(A) The Council shall meet and hear objections to said public improvement to the special assessment district, and the special assessment roll therefor at the time and place appointed or at an adjourned meeting thereof and shall consider any objections thereto. The Council may revise, correct, or amend the plans, estimates of cost, special assessment district, and special assessment roll. If any changes shall be made which result in additions to the special assessment district or increases in the special assessment roll, then a second hearing shall be held with respect to said changes and notice of such hearing shall be given in the same manner as required for the first hearing.
(B) After the hearing, or second hearing if required, the Council may, by resolution, determine to proceed with the public improvement, determine the necessity thereof and set forth the nature thereof, designate the limits of the special assessment district to be affected and describe the lands to be assessed, finally determine the part or proportion of the cost of the public improvement to be paid by the lands specially benefitted thereby and the part or portion, if any, to be paid by the village at large for benefit to the village at large. The Council may also confirm the special assessment roll with such corrections as it may have made, if any, or may refer it back to the Assessor for revision, or may annul it or any proceedings in connection therewith. The Clerk-Treasurer shall endorse the date of confirmation upon each special assessment roll.
(1984 Code, § 1-05-080) (Ord. 41, passed 3-21-1974)
If, at or prior to the hearing by the Council, the owners of more than one-half of the property to be assessed shall object in writing to the improvement, the assessment shall not be made without an affirmative vote of five members of the Council.
(1984 Code, § 1-05-100) (Ord. 41, passed 3-21-1974)
(A) All special assessments contained in any special assessment roll, including any part thereof to be paid in installments, shall, from the date of confirmation of such roll, constitute a lien upon the respective lots or parcels of land assessed and, until paid, shall be a charge against the respective owners of the several lots and parcels of land and a debt to the village from the persons to whom they are assessed. Such lien shall be of the same character and effect as the lien created by the statute for real property taxes and shall include accrued interest and fees.
(B) No judgment or decree nor act of the Council vacating a special assessment shall destroy or impair the lien of the village upon the premises assessed for such amount of the assessment as may be equitably charged against the same or as by a regular mode of proceeding might be lawfully assessed thereon.
(C) All special assessments shall become due upon confirmation of the special assessment roll or in annual installments not to exceed 20 in number, as the Council may determine at the time of confirmation, and, if in annual installments, the Council may determine the first installment to be due upon confirmation or upon any other date the Council may prescribe, and the subsequent installments annually thereafter. Deferred installments shall bear interest at such rate as the Council may prescribe which shall not exceed 7% per annum.
(1984 Code, § 1-05-110) (Ord. 41, passed 3-21-1974)
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